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Article 52 — Reports and review — compare

Showing 31 of 31Release 2 Nov 2026Details
Coverage
MiFIR: every English consolidation from 1 Jan 2022. Older wording is not held and is not replaced by any other text. Not covered: national guidance, court decisions.
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Release c89ff15e published 2 Nov 2026, 05:02 CET. This article checked word for word against EUR-Lex on 26 Oct 2026.
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Showing 31 of 31
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From
1 January 2022 · Consolidated version of 1 January 2022 · Checked against EUR-Lex on 26 Oct 2026 · Official source
To
2 November 2026 · Consolidated version of 28 March 2024 · Checked against EUR-Lex on 1 Nov 2026 · Official source
52(11)

11.By 3 July 2020, the Commission shall, after consulting ESMA, submit a report to the European Parliament and to the Council on whether the threshold laid down in Article 36(5) remains appropriate and whether the opt out mechanism in respect of exchange-traded derivatives is to remain available. [in_force → deleted]

52(12)

12.By 3 July 2016, the Commission shall, based on a risk assessment carried out by ESMA in consultation with the ESRB, submit a report to the European Parliament and to the Council assessing the need to temporarily exclude exchange-traded derivatives from the scope of Article 35 and 36. That report shall take into account risks, if any, resulting from open access provisions regarding exchange-traded derivatives to the overall stability and orderly functioning of the financial markets throughout the Union. [in_force → deleted]

Subject to the conclusions of that report, the Commission may adopt a delegated act in accordance with Article 50 to exclude exchange-traded derivatives from the scope of Articles 35 and 36 for up to thirty months following 3 January 2018.

52(13)

13.By 31 December 2020, ESMA shall assess the staffing and resources needs arising from the assumption of its powers and duties in accordance with Article 64 of Regulation (EU) 2019/2033 and submit a report on that assessment to the European Parliament, to the Council and to the Commission. [in_force → deleted]

52(14)

14.The Commission shallBy 30 June 2026, after consulting ESMA, present reports to in close cooperation with the European Parliament expert stakeholder group established pursuant to Article 22b(2), shall assess the market demand for the consolidated tape for shares and toETFs, the Council impact of that consolidated tape on the functioning, attractiveness and international competitiveness of Union markets and firms, and whether the consolidated tape established in accordance with Title IVahas delivered on its aim to decrease information asymmetries between market participants and to make the Union a more attractive location to invest. The ESMA shall report relating to the Commission on the appropriateness of adding additional features to Article 27h(1) shall be presented by 3 September 2019the consolidated tape, such as the dissemination of the market identifier code for pre-trade data. The On the basis of that report, the Commission shall submit, where appropriate, a legislative proposal relating to Article 27h(2) shall be presented by 3 September 2021the European Parliament and the Council.

52(14)(a)
(a)the availability and timeliness of post trade information in a consolidated format capturing all transactions irrespective of whether they are carried out on trading venues or not;
52(14)(b)
(b)the availability and timeliness of full and partial post trade information that is of a high quality, in formats that are easily accessible and usable for market participants and available on a reasonable commercial basis.

The reports referred to in the first subparagraph shall assess the functioning of the consolidated tape against the following criteria:

Where the Commission concludes that the CTPs have failed to provide information in a way that meets the criteria set out in the second subparagraph, the Commission shall attach a request to its report for ESMA to launch a negotiated procedure for the appointment though a public procurement process run by ESMA of a commercial entity operating a consolidated tape. ESMA shall launch the procedure after receiving the request from the Commission on the conditions specified in the Commission’s request and in accordance with Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council.

52(14a)

14a.Three years after the first authorisation of a consolidated tape, the Commission shall, after consulting ESMA and the expert stakeholder group established pursuant to Article 22b(2), submit a report to the European Parliament and to the Council on the following:

52(14a)(a)
(a)the asset classes covered by a consolidated tape;
52(14a)(b)
(b)the timeliness and the quality of the data transmitted to the CTP;
52(14a)(c)
(c)the timeliness of the dissemination, and the quality, of the core market data and regulatory data;
52(14a)(d)
(d)the role of core market data and regulatory data in reducing implementation shortfall;
52(14a)(e)
(e)the number of users of the consolidated tape per asset class;
52(14a)(f)
(f)the effect of core market data and regulatory data on remedying information asymmetries between various capital market participants;
52(14a)(g)
(g)the appropriateness of the transmission protocols used for the transmission of data to the CTP;
52(14a)(h)
(h)the appropriateness and functioning of the revenue redistribution scheme, in particular as regards data contributors that are small trading venues;
52(14a)(i)
(i)the effects of the core market data and regulatory data on investments in SMEs.
52(14b)

14b.By 29 March 2025, the Commission shall, in close cooperation with ESMA, assess the possibility of extending the requirements of Article 26 of this Regulation to AIFMs as defined in Article 4(1), point (b), of Directive 2011/61/EU, and management companies, as defined in Article 2(1), point (b), of Directive 2009/65/EC, which provide investment services and activities and which execute transactions in financial instruments. In particular, the Commission shall include in that assessment a cost-benefit analysis and an evaluation of the scope of such extension.

On the basis of that assessment and taking into account the goals of the capital markets union, the Commission is empowered to adopt delegated acts in accordance with Article 50 to amend this Regulation by extending the requirements of Article 26 in accordance with the first subparagraph of this paragraph.

52(14c)

14c.By 29 March 2028, ESMA shall submit to the Commission a report assessing the appropriateness of the volume cap set in Article 5(1) and the necessity to remove or to extend it to other trading systems or execution venues which derive their prices from a reference price, taking into account international best practices, the competitiveness of Union financial markets, and the effects of that volume cap on the fair and orderly trading on markets, and on the efficiency of price formation.

52(15)

15.Where the procedure outlined in paragraph 14 of this Article has been initiated, theThe Commission is empowered to adopt delegated acts in accordance with Article  50 in order to supplement this Regulation, by specifying measures in order to:

52(15)(a)
(a)provide for the contract duration of the commercial entity operating a consolidated tape and the process and conditions for renewing the contract and the launching of new public procurement; [in_force → deleted]
52(15)(b)
(b)provide that the commercial entity operating a consolidated tape shall do so on an exclusive basis and that no other entity shall be authorised as a CTP in accordance with Article 27b; [in_force → deleted]
52(15)(c)
(c)empower ESMA to ensure adherence with tender conditions by the commercial entity operating a consolidated tape appointed through a public procurement; [in_force → deleted]
52(15)(d)
(d)ensure that the post-trade information provided by the commercial entity operating a consolidated tape is of a high quality, in formats that are easily accessible and usable for market participants and in a consolidated format capturing the entire market; [in_force → deleted]
52(15)(e)
(e)ensure that the post trade information is provided on a reasonable commercial basis,core market data and regulatory data are provided on both a consolidated and unconsolidatedreasonable commercial basis, and meetsmeet the needs of the users of that informationthose data across the Union;
52(15)(f)
(f)ensure that trading venues and APAs shall make their trade data available to the commercial entity operating a consolidated tape appointed through a public procurement process run by ESMA at a reasonable cost; [in_force → deleted]
52(15)(g)
(g)specify arrangements applicable where the commercial entity operating a consolidated tape appointed through a public procurement fails to fulfilCTP no longer fulfils the tender conditionsselection criteria;
52(15)(h)
(h)specify arrangements under which CTPs authorised under Article 27ba CTP may continue to operate a consolidated tape where the empowerment provided for in point (b) of this paragraph is not used or, wherethat no entity is appointed through the public procurement, until such time as a new public procurement is completed and a commercial entity is appointed to operate a consolidated tapeauthorised through the selection procedure.
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